November 13, 2017 | General, Workers' compensation

Maximum medical improvement, sometimes called “MMI” or “maximum medical recovery” is the point at which a work injury is “stable and not likely to improve.” Although it is used throughout Nebraska workers’ compensation law and discussed in many cases, MMI is not defined by the Nebraska Workers’ Compensation Act or by the Rules of Procedure of the Nebraska Workers’ Compensation Court.

MMI is the point where no medical professional has any additional treatment plan, therapy, surgery, or diagnostic test that is likely to produce any change in the workers’ injury.

At that point, the injury has become stable and because there is no additional treatment planned, it is unlikely that it will improve.
How is MMI determined?

MMI is usually determined by a physician, but ultimately, it is a question of fact for the judge to determine. If there is a disagreement between physicians as to the date of MMI or no physician has declared MMI, a judge of the Nebraska Workers’ Compensation Court has the authority to determine the date of MMI.

One common misconception is that once a worker reaches MMI, he or she is no longer entitled to any further treatment or necessary medication.

It is crucial to determine the date of MMI in every workers’ compensation case.

The date of MMI determines when temporary disability ceases and permanent disability commences.

It also determines the date on which the injured workers’ entitlement to a vocational rehabilitation assessment or loss of earning capacity assessment should be considered.
In many cases, the employee and employer may disagree on which date the employee reached MMI.

Many times, the employer will send the employee for a Defense Medical Exam and ask a physician they hired to determine the date of MMI. If this happens, the employer has the right to withhold payment for any additional treatment the employee’s physician wants to pursue.
Contact a workers compensation attorney today

If you have any questions relating to the concept of maximum medical improvement or you feel you have been declared at maximum medical improvement too soon, do not hesitate to contact the High & Younes office . We will be happy to discuss your case with you.